Some state legislatures—and the United States Congress—have enacted so-called three-strikes laws (or three strikes, you’re out laws) to help law enforcement deal with violent repeat offenders—sometimes called persistent offenders, or prior and persistent offenders. The federal three-strikes law is a statute—also known as the Violent Crime Control Act—located in the United States Code at 18 U.S.C. §3559(c).
Under the federal three-strikes law, a person who is convicted in federal court of a serious violent felony and who has previously been convicted (in state or federal court) of (1) two or more serious violent felonies, or (2) one or more serious violent felonies and one or more serious drug offenses—will receive a mandatory sentence of life imprisonment.
Under the federal three-strikes law, serious violent felonies generally include federal or state offenses of (1) murder; (2) manslaughter (other than involuntary manslaughter); (3) assault with intent to commit murder; (4) assault with intent to commit rape; (5) sexual abuse and aggravated sexual abuse; (6) abusive sexual contact; (7) kidnapping; (8) aircraft piracy; (9) robbery; (10) carjacking; (11) extortion; (12) arson; (13) illegal firearms use; (14) illegal firearms possession; (15) attempt, conspiracy, or solicitation to commit any of these criminal offenses; and (16) any other offense punishable by a maximum term of imprisonment of 10 years or more that has as an element the use, attempted use, or threatened use of physical force against another person, or that involves a substantial risk that physical force against another person may be used in the course of committing the offense.
Three-strikes laws enacted by state legislatures vary from state to state—including what constitutes a strike offense—and are generally located in a state’s statutes—often in the penal or criminal code.
In Florida, the three-strikes law is designed to increase the prison sentences of persons convicted of a felony who have been previously convicted of two or more violent crimes or serious felonies. This law is part of a broader set of habitual offender laws. Florida's three-strikes law can be found under Florida Statutes §775.084, known as the 'Violent Career Criminal Act.' According to this statute, a 'three-time violent felony offender' who is convicted of a third violent felony must be sentenced to a mandatory minimum term of imprisonment of 10 years, a 'habitual violent felony offender' may receive up to life imprisonment, and a 'violent career criminal' can face enhanced penalties as well. The specific felonies that qualify as strikes include murder, sexual battery, robbery, kidnapping, and other offenses that involve the use or threat of physical force or violence. The federal three-strikes law, under 18 U.S.C. §3559(c), mandates a life sentence for certain repeat offenders who commit serious violent felonies, including those listed in the statute, after having two or more previous convictions for serious violent felonies or drug offenses. Both state and federal laws aim to deter repeat offenders from committing additional violent crimes by imposing harsher sentences.